CHAPTER 1

INTRODUCTION TO CRIMINAL
INVESTIGATION
This chapter deals with the general history of
criminal investigation, basic concepts and
cardinal principles of criminal investigation,
including the distinction between interview from
interrogation, as well as an informer from an
informant.
UNIT 1. HISTORY OF CRIMINAL
INVESTIGATION
 Over the years, it has become increasingly evident
that the crime problem is exceeding the capabilities of
the criminal justice system to control or even contain
it.
In early groups known as tribes and clans, methods
existed for detecting and resolving undesirable acts.
The methods used although primitive beyond as
compared today were based on assigning
responsibility to a given individual or family.
If a member of a particular tribal family violated the
moral code of tribe, the other family members were
held responsible for detection, apprehension, and even
execution of the offending member.
The following are some notable accounts relative to
investigation:
2100 B.C. Babylon
At about 1750 BC, Hammurabi, king of Babylon,
created one of the first bodies of written law – The
Code of Hammurabi.
The code was then implemented to detect those who
refused to obey the law. It imposes the Lex Taliones
(Law of Retribution) principle where the punishment
of
an offender was equal to what he did. The principle
also refers to the concept known as, “An eye for an
eye and a tooth for a tooth.”
5th Century B.C. (Rome)
This century marked Rome for the creation of the
first specialized investigative unit which was names as
Questors or Trackers or Murderers.
6th Century B.C. (Athens)
This era adopted an unpaid magistrate (judge) to
make decisions to the cases presented to them. This
magistrate was appointed by the citizens.
Reign of Alfred the Great
In the later part of 9th century Alfred the Great
established a system of “mutual pledge” (Social
Control),
 which was organized for the security of the country
into several levels such as the following:

1. Ten Tithing. This was done by grouping a hundred

of persons into one under the charge of a High
Constable.
Hue and cry were employed. The constable who was
considered the first form of English Police dealt with
more serious breaches of the law.
2. Tithing. This was performed by grouping ten
persons to protect one another and to assume
responsibility for the acts of the group’s members. The
one who heads the group was called Chief.
 Note: William Norman divided England into shires
(districts) and was headed by a reeve (rules).
The Time of Christ (Rome)
The Roman Emperor Augustus picked out special,
highly qualified members of the military to form the
Praetorian Guard, the Praefectus Urbi and the Vigiles
of Rome.
Their functions were as follows:
1. Praetorian Guard. This guard was considered too be
the first police officer in Rome, with the job of
protecting the palace of Rome and the emperor.
2. Praefectus Urbi. The function of the Praefectus Urbi
was to protect the city, exercising both executive and
judicial power.
3. Vigiles of Rome. The Vigiles began as fire fighters,
granted with law enforcement responsibilities and
patrolled Rome’s streets day and night.
They were considered as a civil police force designed
to protect citizens. They were considered quite brutal
and it is where the word “Vigilante” came from.
1285 A.D., The Statute of Winchester (England)
The Statute of Winchester was enacted to establish a
rudimentary justice system in which most of the
responsibility statute was promulgated by Winchester.
The statute established the following:
1. The Watch and Ward Act;
2. Hue and Cry System;
3. Parish Constables became primary urban law
enforcement agent in England; and
4. All males kept weapons in their home for
maintaining public peace.
1720’s, Jonathan Wild (England)
He was a buckle maker and a brothel operator and
a master criminal who became the London’s most
effective criminal investigator.
He was the most famous thief catcher in 1720s. He
conceived the idea of charging a free for locating and
returning stolen property to their rightful owners
(Manwong, 2004).
1749 (Henry Fielding)
He founded the Bow Street Runners. This was
called London’s first professional police force
(originally numbered just eight) and was considered as
the foundation of all modern police forces.
 In 1751, Henry published a pamphlet entitled An
Inquiry into the Causes of the Late Increase of
Robbers, which called for many sweeping changes in
the laws and the execution of their laws Eduardo,
2008, Notes in Law Enforcement Administration).
1753, John Fielding
As a younger half-brother of Henry Fielding, he
was appointed as Henry’s personal assistant in 1750.
He also helped Henry to root out corruption and
improve the competence of those engaged in
administering justice in London.
He also introduced the practice of developing
informants, printing wanted notices, employing
criminal raids, and bearing firearms and handcuffs.
The blind John was known as the “Blind Beak” and
allegedly abled to recognize 3,000 criminals by the
sounds of their voices (Eduardo, 2008, Notes in Law
Enforcement Administration).
1800, Patrick Colquhoun
Patrick Colquhoun published a book known as,
“The Commerce and Policing of the River Thames”.
He was also credited for his innovation for the critical
development and three decades later, led to Robert
Peel’s “new” police.
Colquhoun together with Master Mariner John
Harriott developed the Marine Police Firce or
sometimes known as the Thames River Police.
It was said to be England’s first Police force. The
police force was designed to tackle theft and looting
from ships anchored in the Pool of London and the
lower reaches of the river.
The force is now known as the Marine Support Unit.
Colquhoun also had the idea of a publicly funded
police force. His main contribution was the
introduction of crime
prevention, or preventive policing, the fundamental
principle to the English police system (Eduardo, 2008,
Notes in Law Enforcement Administration).
1811, Eugene “Francois” Vidocq (France)
Eugene Vidocq established a squad of ex-convicts
to aid the Paris Police in investigating crimes. He
worked under the theory of “Set a thief to catch a
thief.”
He introduced the concept of “Trade Protection
Society,” which became the forerunner of our present-
day credit card system.
For a fee, any owner of a shop or business
establishment could obtain particulars concerning the
financial solvency of now customers.
 He was credited as the founder of La Surete, the
France’s national detective organization and was
considered as the Father of Modern Criminology in
the French Police Department.
He was also regarded as the first private detective
(Eduardo, 2008, Notes in Law Enforcement
Administration p 5).
Dr. Edmond Locard
Edmond Locard publised L’ Enquete Criminelle et
les Methodes Scientifique in 1920. He was also a
pioneer on forensic science and became known as the
Sherlock Holmes of France.
“Every contact leaves a trace”. This became known as
“Locard’s Exchange Principle (Eldrige, 2011).
1829, Sir Robert Peel (London)
British statesman Sir Robert Peel established the
London Metropolitan Police Force (LMPF), which
became the world’s first modern organized police
force.
(LMPF) did not only became a model for the
American police system but also had greatly influence
on the style if policing in almost all industrial
societies.
 LMPF was guided by the concept of crime
prevention as a primary police objective. It also
embodied the belief that such a force depended in the
consent and cooperation of the public,
and the idea that police constables were to be civil and
courteous to the people. The force became the model
for the other people forces in Great Britain.
Informal names are, “the Met” and “MPS”. In statutes
it is referred to in the lower case as the “Metropolitan
Police Force” or the “Metropolitan Police”, without
the appendage “service”.
The MPS is also referred to as Scotland Yard after the
location of its original headquarters.
Police are often referred to as ‘Bobbies’ or ‘Peelers’
after Sir Robert (Bobby) Peel. The primary role of the
police in Britain was to keep the Queen’s Peace, which
continues to the present days.
He also introduced the techniques in detecting crimes
such as detectives concealing themselves, and secretly
photographing and recording conversations. London
Metropolitan Police employed the first undercover
officer.
The great contributions of Sir Robert Peel led people
to regard him the Father of Modern Policing. His most
memorable principle was, “the police are the public,
and the public are the police” (Eduardo, 2008, Notes
in Law Enforcement administration, p 7).
1833, England
Scotland Yard employed the first undercover
officer. In USA, the first daytime paid police
department was established in Philadelphia.
1835, Texas Rangers
Texas Ranger was organized as the first law
enforcement agency with statewide investigative
authority. This is the forerunner of the Federal Bureau
of Investigation (FBI).
1839, William Henry Fox Talbot
William Henry Fox Talbot explained his
photographic process to the Royal Society London.
This year was known as the birth of photography.
1851, Boston, Massachusetts, USA
Multi-suspected identification line-up was
employed for the first time.
1852, Charles Dickens (U.S.A)
Charles Dickens was a great novelist in which
through his story entitled Bleak House, he introduced
the term detective to the English language (Adams &
Taylor, 1995).
1856, Kate Wayne (U.S.A)
Kate Wayne was the first woman detective in the
history of criminal investigation. She was hired by the
Pinkerton Agency, and contributed to solving big
cases in the United States of America.
1859, U.S.A
The Appeliate Court of USA recognized/accepted
photographs as evidence in court proceedings upon its
relevancy and after thorough verification.
1866, Thomas Byrnes (U.S.A)
Thomas Byrnes was a keen-minded individual who
trained his detectives in recognizing individual
criminal techniques.
He founded the criminal “modus operandi.” This is a
Latin phrase, approximately translated as “Method of
Operation”. The term is used to describe someone’s
habits
of working, particularly in the context of business or
criminal investigation. In English, it is often shortened
as M.O. (Memidex Website, 2013).
1866, Jessie James Gang (U.S.A)
The gang made the first hold-up which marked the
beginning of the gang’s 15 year hold-up and robbery
spree (12 band hold-ups and 12 train stage robberies in
11 states). Clay County Savings Association was their
first victim and took $60,000.00.
1877 Howard Vincent (England)
Howard Vincent headed the newly organized
Criminal Investigation Department in Scotland Yard.
1822, Alphonse Bertillon (France)
Alphonse Bertillon introduced the first systematic
identification system based on the Anthropological
measurement (Anthropometry Bertillon system).
He was considered the founder of Criminal
Investigation as well as the Father of Personal
Identification (Tubid, 1996). The system recorded
anthropometric measurement and personal
characteristics such as color of eyes, scars, and
deformities.
The following measurement were taken:
1. Body: height, reach from fingertips to fingertips,
length of trunk and head, or height sitting;
2. Head: length and width, length and width of right
ear;
3. Limbs: length of left foot, length of left middle
finger, length of left little finger, length of left
forearm. These measurement were recorded on cards
and classified according to the length of the head.
1992, Francis Galton
Francis Galton is an English man who published
his study on classifying fingerprints and recognized
the uniqueness of the fingerprints to be used as
evidence against a suspect.
1918, England
A new concept was introduced in the field of
Criminal Investigation, known as “Team Policing.”
In this concept, there is no patrol division or criminal
investigation per se. In this system, a team of police
officers is assigned to patrol and investigate all
criminal matters within their area of jurisdiction or
district.
1953, Paul Leland Kirk
A chemist and forensic scientist, Paul Leland Kirk
is most known for his work on blood spatter evidence.
He applied this expertise on bloodstain pattern
analysis to the Sam Sheppard homicide case.
He published “Crime Investigation” in 1953, one of
the first comprehensive criminalistics and crime
investigation textbooks that encompassed theory in
addiction to practice (Turvey, 2011). 1966, Miranda v.
Arizona (U.S.A.)
 The US Supreme Court established procedure
guidelines for taking criminal confessions. The case is
the origin of the present Miranda rights of every
accused under custodial investigation.
1977, USA
The FBI introduced the beginning of Automated
Fingerprint Identification System (AFIS) with the first
computerized scans of fingerprints.
1986, England
Deoxyribonucleic Acid (DNA) typing was first
used to solve a crime. DNA is unique to every
individual and can be used for personal identification.
1987, USA
DNA profiling was introduced for the first time in
US criminal court. Based on RFLP analysis performed
by Life codes, Tommy Lee Andrews was convicted of
a series of sexual assaults in Orlando, Florida (Rankin,
Forensic Science Central, 2005-2014).
New York v. Castro
This was the first case in which the admissibility of
DNA was seriously challenged.
It set in motion a string of events that culminated in a
call for certification, accreditation, standardization,
and quality control guidelines for both DNA
laboratories and the general forensic community (PBS
Website, 1995-2014).
1999, USA
The FBI upgraded its computerized fingerprint
database and implemented the Integrated Automated
Fingerprint Identification System (IAFIS),
allowing paperless submission storage, and search
capabilities directly to the national database
maintained at the FBI (Atlanta Notaries Website,
2013).
1818 – 1884, Allan Pinkerton
Being engaged in business as a barrel maker in
1846, Allan Pinkerton captured a gang of
counterfeiters and was consequently elected as a
county sheriff.
 In 1850 he organized the Pinkerton’s National
Detective Agency and was appointed as the first city
detective in Chicago.
The recovery of a large sum of money stolen from the
Adams Express Company and the discovery of a plot
to murder Abraham Lincoln in 1861 made way to his
reputation (Manwong, 2004).
 During the American Civil War he recognized the
secret service of the U.S. Army. During the railroad
strikes if 1887 his agency provided strikebreakers.
His books include Strikers, Communists and Tramps
(1878) and Thirty Years a Detective (1884). Allan
Pinkerton was considered as the America’s foremost
private detective.
This individual truly deserves the title of “America’s
Founder of Criminal Investigation.”
Among methods he pioneered were “shadowing,” the
art of suspects surveillance, “roping,” working in
undercover capacity with a motto, “We never sleep.”
1847 – 1915 Dr. Hans Gross
Dr. Hans Gross was the earliest advocator of
criminal investigation as a science.
Interested in investigation while serving as an
examining magistrate he became a professor of
Criminology at the University of Vienna (Manwong,
2004).
He is also recognized today as the Father of
Criminalistics/Forensic Science.
1859 – 1930, Dr. Arthur C. Doyle
Dr. Arthur C. Doyle is a British physician, novelist,
and detective-story writer, Dr. Arthur C. Doyle is best
known as the creator of the character of master sleuth
Sherlock Holmes.
The characterization of Holmes, particularly his ability
of ingenious deductive reasoning, was based on one of
Conan Doyle’s own university professors (Vicente,
2014 Manual on Criminal Investigation).
Dr. Alec John Jeffreys
Dr. Alec John Jeffreys used DNA fingerprinting
and profiling to identify Colin Pitchfork as the
murderer of two young girls in the English midlands.
Significantly, in the course of the investigation, DNA
was first used to exonerate an innocent suspect (U.S.
National Library of Medicine Website, 2014).
Flaviano Guerrero
Flaviano Guerrero is the only Filipino member of
the United States Federal Bureau of Investigation
(NBI Website, 2014).
Take Note: The evolution of criminal investigation is
closely similar with the historical development of
criminalistics.
Criminal Investigation in the Philippines
1901
The Criminal Investigation Service (CIS) now
known as CIDG can trace its humble beginnings out
of an urgent need for a unit that would handle
investigation of major crimes
especially against national security, and at the same
time, free other Philippines Constabulary Units from
this time-consuming and highly specialized of
criminal investigation.
Hence, this crime-fighting unit came into being with
the creation of Investigation Section (IS) pursuant to
Section 2 of Act No. 235 of the Philippine
Commission enacted on October 3 1901 (CIDG,
Manual, 2000, p. 1).
1901 – 1919
During the American occupation, the criminal
investigation service was primarily organized out of
the great necessity of the Philippine Constabulary in
the investigation of crimes (CIDG Manual, 2000, p.
1).
1913
The genesis of criminal investigation in the Manila
Police Department, presently known as the Western
Police District took place in 1913.
1920 – 1936
The CIS then known as the Information Service led
to the successful investigation on the then Colurom
rebellion, Sakdalista Movement and the Asedillo
uprising.
It also became successful in suppressing and
investigating crimes including those committed
against the security of the state (CIDG, Manual, 2000,
p. 1).
1936
The Division of Investigation (DI) was created by
virtue of Commonwealth Act No. 181 during the reign
of the late President Manuel L. Quezon.
The DI, with 45 initial members, was organized by
Thomas Dugan and Flaviano C. Guerrero and this was
patterned after the Federal Bureau of Investigation
(FBI) of United States of America (NBI Website,
2014).
1942 – 1945
During the Japanese occupation, the DI was
affiliated with the Bureau of Internal Revenue (BIR)
and the Philippine Constabulary (PC) known as the
Bureau of Investigation (BI), (NBI Website, 2014).
1946
The CIS was tapped to perform highly specialized
task of investigation and intelligence work as a
criminal investigation branch of G2 (CIDG Manual,
2000, p. 1).
1947
The Bureau of Investigation was recognized by
virtue of Republic Act No. 157 and the Department of
Justice became its parent agency.
R.A. 157 was later amended by Executive Order No.
94 renaming the BI to what is known now as, National
Bureau of Investigation (NBI Website, 2014).
1950
The CIS was commissioned to gather intelligence
and assume as the role main investigating outfit of the
Philippine Constabulary in response to the resurgence
of various criminal syndicates,
like the Black Shirt and the Kamlon gang coupled
with the organization of various anti-government
movements, such as the Hukbalahap (CIDG Manual,
2000, p. 1).
1987
The mandate of the 1987 Constitution establishing
the National Police Force that should be national in
scope and civilian in character
under the Department of Interior and Local
Government (DILG) paved the way for the creation of
Philippine National Police (PNP).
Consequently, the CIS is retained as one of the
national support units of the PNP under the name of
Criminal Investigation Service Command (CISC),
this distinguishes it from the operating unit of the
administrative support unit created pursuant R.A.
6975 which assumed the name of the “Service” while
operating support units assumed the name of
command (CIDG Manual, 2000, p. 2).
1991
Due to the media publicity of investigations of
sensational cases committed by local executives
Organized Crime Groups (OCGs),
the CISC as mandated by R.A. 6975, acted as the
primary investigating arm of the PNP on major crimes,
OCGs, and economic sabotage (CIDG Manual, 2000,
p. 2).
1994
On September 5, 1994, the Criminal Investigation
Service Command was renamed as Criminal
Investigation and Detection Group (CIDG) following
NAPOLCOM Resolution Nr. 92-37,
with the motto “We seek the truth.” From its humble
inception up to the way, it metamorphosed to being the
premier arm of the PNP as the “Spirit and Soul of the
Force” (CIDG Manual, 2000, p.2).
1996
A SOCO team was appropriately organized to meet
the core mission of the Crime Laboratory which is the
National Operating Support Unit of the PNP by virtue
of NAPOLCOM Resolution Nr. 96-058 (Cacdac, et al.
2009).
Laws Relative to Criminal Investigation
1. 1935 Phil. Constitution, Art, 3 Sec. 17 (1)

"In all criminal proceedings, the accused shall... enjoy

the right to be heard by himself and counsel..."
2. 1973 Phil. Constitution, Art 3, Sec. 20

"No person shall be compelled to be a witness against himself." That,

any person under investigation for the commission of an offense shall
have the right to remain silent, to have a counsel, and to be informed of
such right.
No force, intimation, or any means, which vitiate the
free will, shall be used against him. Any confession
obtained in the violation of this section shall be
inadmissable as evidence.
3. 1987 Phil. Constitution, Art 3, Sec. 12 (1)
"Any peson under investigation of the commision of an offense shall
have the right to be informed of his right to remain silent and to have a
competent and independent counsel preferably of his choice.
If the person cannot afford the services of a counsel, he
must be provided with one. These rights cannot be
waived EXCEPT in writing, signed and in the presence
of a counsel.
Related Cases:
Miranda v. Arizona (1966)
It originated from the American jurisprudence. Mr. Ernesto Miranda,
a Latino who was accused of kidnapping and rape in the State of
Arizona.
The Arizona Police interrogated him exhaustedly
leading to his confession. Based on his confession, he
was charged, tried and convicted. Appeal of his
conviction was made before the Arizona Supreme Court
but his conviction was affirmed..
The appeal was then elevated to the US Supreme Court
where there was a reversal of the decision and he was a
reversal of the decision and he was acquitted on
constitutional grounds
It was in this case that the US Supreme Court laid down
the constitutional rights of the accused during the
custodial interrogation.
This constitutional right was also incorporated in the
1973 Philippine Constitution and later in the 1987
Constitution of the Philippines. This is known as the
Miranda Rule, Doctrine, or Warning.
The Rights of a Person under Custodial Investigation
are as follows:

1. Right to remain silent. Anything that he/she may say

may be used against him/her in any court of law.
2. Right to have a counsel preferably of his/her own
choice and if she/he has none, the government must
provide one for him.
3. Right to be informed of the nature of the charges
against him and whatever he/she says may be used for
or against him/her; and
4. Right to be informed of such rights under
constitution.
 These rights could be validly waived in writing and
with the assistance of a counsel in order that the ensuing
confession be admissible in evidence. The confession
must also be in writing, signed and sworn to by the
accused.
 In Miranda v. Arizona case, the court addressed the
question oh how to enforce a suspect's right to counsel
and right against self-incrimination.
The court concluded that police officers must
specifically inform suspects of these rights and inform
them that if they give up these rights their statements
can be used against them.
Gideon v. Wainwright (U.S., 1963)
The Supreme Court that the Sixth Amendment, which
guarantees criminal defendants the right to counsel,
requires state government to provide attorneys for
indigent (poor) criminal defendants.
Escobedo v. Illnois (U.S., 1964)
The court held that a suspect has a right to have an
attorney present when being interrogated in police
custody as well as durinh trial.
Morales v. Juan Ponce Enrile, 1983 (GR #
61016;SCRA 538)
The Supreme Court of the Philippines ruled in this
case and made a clear remark that the Miranda Warning
as it is generally called to have to be made so that a
confession can be admitted.
4. 1987 Phil. Constitution (Sec. 6, Art 16)
The state establishes and maintains one police force,
which shall be national in scope and civilian in
character to be administered and controlled by the
National Police Commission. The authority of the local
executives over the police shall be provided by law."
5. Republic Act No. 7438
An act defining certain rights of a person arrested,
detained and/or under custodial investigation as well as
the duties of the arresting, detaining, and investigating
officers and providing penalties for violation thereof
(see Appendix B)
UNIT 2. CRIMININAL INVESTIGATION
What is Investigation?
Investigation is the act or process of investigation or
the condition of being investigated. It also refers to a
search or inquiry for ascertaining facts; detailed or
careful examination.
 Investigation came from the Latin ter, Investigat,
which means "to inquire or to discover" during the 5th
century.
Definitions of Criminal Investigation
The following are the modern definitions of criminal
investigation:
1. Criminal Investigation is defined as the collection
and analysis of facts/truths
about person, things, places that are subjects of a crime
to identify the guilty party, to locate the whereabouts of
the guilty party, and provide admissible pieces of
evidence to establish in the guilt of parties involved in
crime (Cael & Agas, 2000).
2. Criminal Investigation is the logical, objective, and
legal inquiry involving a possible criminal activity. The
result of the inquiry, if successful, will answer the 5 W's
(who, what, where, when, why) and the H (how)
questions.
3. Criminal investigation is a legal inquiry by virtue of a
complaint to follow up, examine, trace, track and
search, step by step examination or process and
meticulous observation, the fact of the commission of a
crime,
the identity of the actors, and the circumstances
attendant thereto, by careful evaluation of all available
pieces of evidence to the end that violators of the law be
brought to the bar of justice, and the innocent be
relieved there from (Sadili & Pena. 1998)
• 4. Criminal Investigation is a lawful search for people
and things useful in reconstructing the circumstances
of an illegal act or omission and the mental state
accompanying it.
It is the probing from the known to the unknown,
backward in time, and its goal is to determine the truth
as facts as it can be discovered in any post-factum
inquiry.
5. Criminal Investigation is the collection of facts to
accomplish the threefold aims:
a. to identify the guilty party;
b. to locate the guilty party; and
c. to provide evidence of his guilt (Western Police
District Investigator's Handbook)
A criminal investigation is an official effort to uncover
information acout a crime. There are generally three
ways that a person can be brought to justice for a
criminal act.
First, and probably the least likely, the individual will be
driven by his/her conscience to immediately confess.
Second, an officer law can apprehend him/her in the act.
Third, and most common, a criminal investigation can
identify the person as a suspect, after which she/he may
confess or be convicted by trial (Cael & Agas, 2000)
Three Elements of Crime
Crime exist through the presence of the following:
1. Motive is the moving power or force which compels
a person to commit acts towards a definite result.
Generally motive is immaterial in incurring criminal
liability; it is intent which is material. Motive becomes
material when the act brings variant crimes;
; there is a doubt whether the accused committed the
crime or the identify of the accused is doubtful; the
evidence in the commission of crime is purely
circumstantial; or the evidence of the guilt of the
accused is inconclusive (Boado, 2008 p.35)
2. Opportunity is the chance or time given to the
offender in committing the crime. Without such chance
or opportunity given to the offender,
there could be no crime committed. In many instances,
the victims are the ones making opportunity for the
offender to commit such crime.
3. Instrumentality/Capabilty involves the use of
materials and other means which are essential in the
commission of the crime.
Thus, crime will occur if all the elements of crime exist.
Further, if one of the elements of crime is absent then
crime will not and will never happen.
Kinds of Criminal Investigation
Generally speaking, the two kinds of criminal
investigation are investigation while the suspect is
under arrest and detention, and investigation while the
suspect is at large."
Legally speaking, the term "at large" is not synonymous
to "fugitive from justice." The former, not being a
wanted a person before the eyes of the law and
therefore, cannot be lawfully arrested without a warrant.
The latter is necessarily an escape from detention or an
escaped prisoner while serving sentence by virtue of a
final judgment rendered by a court of
competent jurisdiction that can be legally arrested
without the necessity of a warrant of arrest based from
par. c, Sec 5, Rule 113, Rules of Court (Nolledo, 2000).
Three Phases of Criminal Investigation
1. The criminal is identified.
2. The criminal is traced, located and arrested.
3. The fact or evidence to prove his/her guilt is
gathered for introuction during trial.
Goals of Criminal Investigation
1. To determine whether a crime has been committed.
2. To legally obtain information or evidence.
3. To identify the persons involved.
4. To arrest suspects.
5. To recover stolen properties.
6. To present the best possible case to the prosecutor.
Modes of Investigation
1. Reactive Mode of the investigation addresses
crimes that already happened or occurred.
2. Proactive Mode of investigation identifies and
arrests suspects before crime will happen. It is designed
to catch a criminal in the act of committing a crime
rather than waiting until a crime is reported by a
concerned citizen.
Is Investigation an art or science?
Investigation is a mixture of an art and a science.
Investigation is a science because there are certain rules
that should be followed to conduct a successful
investigation and because
the pure and applied sciences play an increasingly
important role in investigation. Investigation is
considered as an art because it depends on the skills of
the investigation, including interpersonal
communication and creativity (Dempsey, 2007, p 30).
Criminal Investigation as an Art
Criminal investigation is considered as an art because
it is not governed by rigid rules or fixed legal
procedures but most often based on
intuition (logic and tested knowledge, immediate
learning/consciousness) and sometimes by chance. Most often than not,
it is governed by:
a. Felicity/inspiration,
b. Intuition, and
c. Luck
 It was Dr . Hans Gross who said that the criminal
investigation is 95% perspiration, 3% inspiration and
2% luck. This means that investigators should not only
depend on
inspiration or luck or else they will fail 95% in their
investigation. One hundred percent effort must be
exerted because inspiration or luck may never come in
this way (Garcia, 2004).
Criminal Investigation as a Science
Criminal Investigation is a science because it
involves the application of knowledge of forensic
sciences in the process of identifying, locating,
collecting, processing, and/or evaluating physical
evidence (Manwong, 2004).
Steps in Criminal Investigation
1. Identification/Recognition of facts, information,
evidence;
2. Collection of facts, information, evidence,
3. Preservation of forensic value (Legal Integrity);
4. Evaluation, processing of evidence and case; and
5. Presentation of evidence and criminal case.
Criminal Investigator Defined
Criminal investigator refers to the person who performs an
investigation. Criminal investigator is also known as prober and is
considered as the superstar in the process of investigation (Cael % Agas,
2000).
Police Investigator
Police investigator refers to a PNP uniformed
personnel both Police Commissioned Officer (PCO)
and the Police Non-Commissioned Officer (PNCO's)
conferred with the appropriate certification to
investigate with care and accuracy, by conducting
step-by-step examination, through patient inquiry
and meticulous
observation, data and other pertinent matters to support
crime theories and establish relevant facts to aid in
identifying the offense and criminal offender, locating
him and providing evidence of his guilt leading to the
successful filling and prosecution of the offense.
A police investigator must be a graduate of Criminal
Investigation Course (CIC) for PNCO and the
Investigation Officer Basic Course (IOBC) for PCO's
(NAPOLCOM Circular No. 2013-002).
Police Detective
Police Detective refers to PNP uniformed personnel
who was previously certified as a police investigator but
was able to complete 18 units of Master's Degree, and
completed the
Police Detective Course (PDC), and acquired the
requisite experience relating to investigation of cases
and appearance in court duties to support the successful
filing and prosecution of offense (NAPOLCOM
Circular No. 2013-002).
Case Manager
Case manager refers to a PCO who was previously certified as Police
Investigator (PCO Category) but was able to complete a Master
Degree, completed the investigation Officers
Management Course (IOMAC) and recorded the
number of required investigation and prosecution of
cases (NAPOLCOM Circular No. 2013-002).
Roles of the Criminal Investigator
1. Determine whether a crime has been committed.
2. Identify the victim/s and the offender.
3. Locate and apprehend the offender.
4. Present evidence of guilt for the offender/s
5. Assist in case follow-up (De Vera, 2008)
Characteristics of Competent Criminal Investigator
1. Perseverance. It refers to steadfastness, persistence and resolution
to bring the desired conclusion in spite of obstacles connected with
criminal investigation.
2. Endurance. This is ability of the investigator to last
physically and mentally hence he/she must have the
extraordinary physical and mental energy, enduring
sleepless nights and tiresome days.
3. Incorruptible honesty and integrity. This refers to
the degree of honesty and integrity of the investigator
on several temptations over money that are offered to
affect the investigation. Women and drinks are tricks of
temptations.
4. Intelligence and Wisdom of Solomon. This is very
important in order that the investigator could easily
decipher falsehood from truth and separate the grain
from the chaff.
5. Acting Activity. It refers to the ability of the
investigator in stooping down to the level of a minor,
the prostitute or the slum dwellers, professionals or
other members of elite during the investigation process.
6. Oral and Written Communication. Every
investigator should have a basic knowledge on both oral
and written communication in probing a certain issue in
order that he/she will not suffer setback in getting the
accurate facts especially in
the preparation of reports and or transmittal of
information. This includes the use of appropriate words
in making a report and writing observations and
descriptions of places, things and events.
7. Observation and description. The investigator
should be a keen observer and knows how to accurately
describe anything. This is important in crime scene
investigation and conduction an interview and
interrogation.
8. Courage. It is the moral fortitude of the investigator
to tell the truth irrespective of who gets hurt.
9. Knowledge on Laws. The investigator should have
basic knowledge on legal matters concerning
investigation.
10. The power to "read between the lines". This
refers to the ability of the investigator to interpret the
words or phrases encountered in the process of
investigation into their deeper meaning in order to
arrive with a concrete meaning of a certain statement.
11. Technical Knowledge. This refers to the
investigators capability of defence tactics, use of
firearms and the like. In many occasions, he/she will be
alone in confronting, arresting, bringing to headquarters
and interrogating the suspect (Garcia, 2004).
UNIT 3. KEY PRINCIPLES IN CRIMINAL INVESTIGATION
KEY PRINCIPLES IN CRIMINAL
INVESTIGATION

Criminal investigation as discussed in the

preceding sections is a process that involves
several steps.
To complete a criminal investigation it must include its
basic elements such as: recognition, collection,
preservation evaluation and presentation in the court.
 Basic Elements of Criminal Investigation

1st Element: Recognition

Recognition involves the effort of identifying
data, including physical things that may provide
relevant information regarding the criminal case
being investigated.
That is why recognition is otherwise known as
identification stage of investigation. The earlier the
significant facts are identified, the sooner the case will
be solve.
Significant things that must be recognized may be in form
of bloodstains at the crime scene, neighbor who
accidentally saw/witnessed a burglary in progress, or bank
record of a drug dealer.
These are highly relevant facts that can be used by the
investigator, to be developed on a well-founded belief that
a crime has in fact been committed.
2nd Element :Collection
Collection refers to the act of gathering those
identified data or facts, or physical things that are
significant to the case under investigation.
Collection maybe done by scraping the bloodstains found
at the crime scene, interviewing the neighbor who saw the
burglary, or examination of drug dealer’s bankbook
3rd Element: Preservation
Preservation is a function that is almost
simultaneously performed during the collection stage. It
includes the act of keeping the collected pieces of
evidence in their substantive value.
Preservation does not only involve the process of
packaging physical evidences in order that they can be
safely transmitted to the evidence custodian or to the
crime laboratory
but covers the process of maintaining the objectivity of
facts or information also gathered from the testimony of
witnesses, victims or other persons involve in the
criminal case.
4th Element: Evaluation

Evaluation refers to the process of determining the

probative value of the evidence.
Probative value refers to the strength of the evidence or
its worth/weight in successfully establishing a proof that a
crime has in fact been committed and that the
suspect/accused is the one who is responsible for it.
5th Element: Presentation
Presentation is the primarily manifested in the
courtroom. The investigator, with the help of the
prosecutor, must be able to present facts and information
in a very simple and convenient manner
in order to convince the court and other parties involved
in the criminal case about the validity and truthfulness of
the evidence they are trying to prove or establish (Weston
& Wells, 1997).
Cardinal Points of the Criminal Investigation
According to Manwong(2004), investigation must
seek to establish the six (6) cardinal points of
investigation, namely:
what specific offense was committed; how the offense
was committed; when it was committed; where it was
committed; why it was committed and who are involved
persons. The 5 W’s and 1 H are further presents as
follows:
A. Who Questions: These are questions used to inquire on
the identity of the victims or offended party, name of
suspects accomplices accessories and witnesses of the
crime such as:
1. Who reported the crime? Who discovered the crime?
2. Who saw how the crime was perpetrated?
3. Who is the victim? Who had any misunderstanding
with him/her?
4. Who is the offender/perpetrator/culprit?
5. Who are the companions, associates or accomplices of
the perpetrator?
B. What Questions: The purpose of these types of
questions is to find out what happened or what took
place before, during and immediately after the
commission of the offense. Some questions are:
1. What happened?
2. What specific actions did the suspect/victim/witness
do?
3. What is the nature of the crime?
4. What was/were the weapon/s or tool/s used by the
culprit?
5. What were the pieces of evidence discovered at the
crime scene?
C. Where Questions: These are questions that localize the
place of the incident-the city or town, the district or
barangay, the street or road, the number of the house or
building. The questions necessary in pinpointing the
particular location of the crime are:
1. Where was the crime discovered?
2. Where did the offense take place?
3. Where are the victim, witnesses or culprits?
4. Where do the victims/witnesses/culprits live?
5. Where was the suspect when he was apprehended?
6. Where were the weapons or tools used in committing
the crime?
7. Where did the investigator secure or obtain the
evidence?
D. When Questions: These are questions needed to
determine and fix the time, day, month and year when the
crime was committed. These questions such as the
following should be specified and as accurate as possible
1.When was the crime committed?
2. When was it discovered?
3. When was the police notified?
4. When was the victim last seen?
5. When was the suspect arrested?
E. Why Questions: These are questions that endeavor to
ascertain the motives, causes antecedents, previous,
incident, related facts background occurrences that might
help explain the commission of the offense. Why
questions are as follows:
1. Why did the offender do it?
2. Why did he/she kill the victim?
3. Why didn't he/she just let the victim go?
4. Why didn't the suspect surrender?
F. How Questions: These are designed to help the
investigator determine how the crime was committed, the
means/tools that were employed, how the crime was
discovered and how the culprit entered the building/
room.
The following questions are very significant in preparing
the modus operandi file or report:

1. How did the suspect get near to the victim?

2. How did he/she perform the crime?
3. How did the criminal get all the necessary
information?
4. How did the criminal get away from the crime scene?
5. How was the crime scene search conducted?
What are the purposes of of the 5 W’s and 1 H in Criminal
investigation?
1. They aid the investigator in searching the crime scene
or other places which maybe sources of evidences
2. They guide the investigator in formulating questions in
interviewing complainant witnesses and other interested
parties or in the process of interrogation a suspect.
3. They assist the investigator and the desk officer in
making brief statements of facts in the logbook/police
blotter and in reports.
4. They help the investigator in preparing the MODUS
OPERANDI report-How was the crime perpetrated?
5. They assist the investigator in funishing a brief and
concise criminal investigation report (Manwong, 2004).
Patterns, Leads, Tips, and Theories
Patterns, leads, tips, and theories are components of the
investigation process that enable investigators to learn and
understand the facts of the occurrence with which they are
dealing.
• Patterns are series of similarities that may link
particular cases or indicate that the same person is
committing a series of crimes.
Patterns could include time and day, day of the week,
description of the suspect, MO, type of weapon being
used, type of victim, location and other variables
• Leads are clues or pieces of information that aid in the
progress of an investigation. These can be physical
evidence or information received from the witnesses or
other persons or through surveillance.
Anything that can assist an investigator in resolving an
investigation refers to leads.

Tips are leads provided by the citizens that aid in the

progress of an investigation. Generally, tips involve the
identity of the suspect.
Theories pertains to beliefs regarding the basis on the
evidence, patterns, leads, tips and other information
developed and uncover in the case. These are important
because they direct the investigation.
Detectives have to be very careful in building theories
about a case, because if the theory is wrong, it may lead
them in the wrong direction (Dempsey, 2007,p.37)
What is the Golden Rule in Criminal Investigation?
“Never touch, alter, move, or transfer any object at the
crime scene unless it is properly marked, measured
sketched and/or photographed.”
The purpose of this rule is to avoid the mutilation,
alteration, and contamination (MAC) of the pieces of
physical evidence found at the crime scene (Garcia,
2004).
Methods of Recording the Investigation
1. Photographs
2. Sketching crime scene
3. Written notes (what you have seen or observed)
4. Developing and lifting fingerprints found at the crime
scene
5. Gathering physical evidence
6. Plaster cast
7. Tape recording of sounds
8. Video tape recording of objects
9. Written statements of subject(s) and witnesses (Garcia,
2004)
Tools in Criminal Investigation
The so-called three tools in criminal investigation or
sometimes called 3 I’s of criminal investigation are the
Information, Interview & Interrogation, and
Instrumentation.
1. Information are the knowledge or facts which the
investigator had gathered or acquired from persons or
documents, which are pertinent or relevant concerning the
commission of the crime or criminal activities.
Classification of Information as to Sources:
a. Regular Sources. Information were taken from records,
files from the government or non-government agencies,
news items.
The bulk of applications of this nature re news items.
Included also are news or TV broadcast, intercepted
radio, telephone messages and stored computer area.
B. Cultivated Sources. Information are funished by
informants or informers.
C. Grapevines sources. When the information are
disclosed by the underworld characters such as prisoners
or ex-convicts.
Aside from the data which were gathered by the
investigator from other persons including the victim
himself and from:
a. Public records
b. Private records
c. Modus Operandi file
2. Interview and Interrogation are similar in the sense that,
they are both ways of obtaining information from a certain
suspect or person that has knowledge on a crime.
Terms to Understand
The following are linked terms for purposes of
interview and interrogation:
1. Interviewers refers to a person who conducts interview.
2. Interviewee refers to a person being interviewed.
3. Interrogation is the person who performs skillful
questioning of hostile witnesses and suspects for purposes
of obtaining confession or admission
4. Interrogee is the subject of interrogation whether a
suspect or a victim.
5. Suspect denotes any person associated to the
commission of a crime. A suspect may also refer to any
person, whose guilt is considered on reasonable ground
to be a practical possibility.
6. Witness is a person other than the suspect, who is
requested to give information concerning an incident.
He/she may be a victim, complainant an accuser, a
source of information, and an observer of the
occurrence, a scientific specialist who has examined
physical evidence or a custodian of official document.
He/she may be a victim, complainant an accuser, a source
of information, and an observer of the occurrence, a
scientific specialist who has examined physical evidence
or a custodian of official document.